Guardianship

[kalmd]

Anyone out there have any experience with obtaining guardianship of a disabled child who is about to turn 18? Can this be done by the parents, without a lawyer? I went to the self help legal clinic today, but the attorney there wasn't much help. He's going to do some research and send me what information he finds out.

 

[RoseRed]

I believe that the Court will also appoint an attorney for the child, for best interest.

 

[Bann]

Anyone out there have any experience with obtaining guardianship of a disabled child who is about to turn 18? Can this be done by the parents, without a lawyer? I went to the self help legal clinic today, but the attorney there wasn't much help. He's going to do some research and send me what information he finds out.

My advice from an attorney (who also has a disability) was to have a Durable POA, as well as an Advanced Directive along with a Medical POA drawn up. I paid $500.00 to have this done, so I knew it would be legally acceptable in the state.

My son is not 100% able to make all of his decisions, but at the same time he is very high functioning and the court does not appoint guardianship (which does end up taking away their rights) lightly. It's just not cut & dry.
As RoseRed says, the child is entitled to have an attorney to represent them.

But none of this to say you should or should not do it. Every person's situation is different.

 

[RoseRed]

My advice from an attorney (who also has a disability) was to have a Durable POA, as well as an Advanced Directive along with a Medical POA drawn up. I paid $500.00 to have this done, so I knew it would be legally acceptable in the state.

My son is not 100% able to make all of his decisions, but at the same time he is very high functioning and the court does not appoint guardianship (which does end up taking away their rights) lightly. It's just not cut & dry.
As RoseRed says, the child is entitled to have an attorney to represent them.

But none of this to say you should or should not do it. Every person's situation is different.

My situation is different to having a non-handicapped minor child. As her mother, who has primary custody, isn't good enough. I had to hire an attorney.

 

[Bann]

My situation is different to having a non-handicapped minor child. As her mother, who has primary custody, isn't good enough. I had to hire an attorney.

 

[RoseRed]

We are hoping that the Court will waive the attorney for my daughter.

 

[Vince]

Anyone out there have any experience with obtaining guardianship of a disabled child who is about to turn 18? Can this be done by the parents, without a lawyer? I went to the self help legal clinic today, but the attorney there wasn't much help. He's going to do some research and send me what information he finds out.

Did this. Also, have a handicapped son. Now an adult. Yes, you have to have an attorney set it up and the court will appoint an attorney for the child/adult. Very short meeting unless someone is contesting it. Can't remember what the cost was because it was about 10 years ago. But to do anything for the child, i.e. medical, hospitals, etc. you'll need legal guardianship. PM me if you need more info.

 

[Bann]

Did this. Also, have a handicapped son. Now an adult. Yes, you have to have an attorney set it up and the court will appoint an attorney for the child/adult. Very short meeting unless someone is contesting it. Can't remember what the cost was because it was about 10 years ago. But to do anything for the child, i.e. medical, hospitals, etc. you'll need legal guardianship. PM me if you need more info.

However, it is possible to achieve this with the durable POA, Advanced Directive & Medical POA. Ours is very specific to our situation, which is why we had an attorney draw the documents up. Everyone's situation will vary according to the level of abilities the child/adult has.

Just as an aside for purposes of this conversation - our attorney has a disability, so it was of particular help to me that she understood what we wanted to do with Thing1.

 

[kalmd]

Thanks for the comments. I went to a workshop awhile back and a local attorney was there and she discussed this a little bit. That was the first time it dawned on me that we'd need to do this when she turns 18. Her dad and I are still married so there won't be any issues with another parent contesting it (or anyone else). She is unable to make decisions for herself, so we definitely need legal guardianship to make decisions for her.

I spoke to someone on the phone from the Department of Human Resources and she gave me some guidance, but wasn't sure of the process I needed to follow. She did give me another person's name who I plan to call today. She also told me about the self help clinic that I went to yesterday, but as I said, the attorney there wasn't able to help. He told me at first that I didn't need to do anything and was asking me why I thought that I did have to do this.

It just seems like it shouldn't be so hard, or expensive, to do this for your own child when they are clearly disabled.

 

[vraiblonde]

It just seems like it shouldn't be so hard, or expensive, to do this for your own child when they are clearly disabled.

I agree. It should be a matter of fact and not something that requires lawyers. Same with Rose's situation.

 

[Roberta]

My situation is different to having a non-handicapped minor child. As her mother, who has primary custody, isn't good enough. I had to hire an attorney.

I am just curious, why would you need to have guardianship? I am unclear on what situation would require that if the child is underage, non-handicapped and you have primary custody.

 

[SoMDGirl42]

I am just curious, why would you need to have guardianship? I am unclear on what situation would require that if the child is underage, non-handicapped and you have primary custody.

I might be mistaken, but I took it to mean this was a child other than her biological child.

 

[RoseRed]

I am just curious, why would you need to have guardianship? I am unclear on what situation would require that if the child is underage, non-handicapped and you have primary custody.

Death of her father.

 

[vraiblonde]

I am just curious, why would you need to have guardianship? I am unclear on what situation would require that if the child is underage, non-handicapped and you have primary custody.

That's a great question. One would assume she'd already have guardianship, since she's the custodial parent.

 

[RoseRed]

That's a great question. One would assume she'd already have guardianship, since she's the custodial parent.

A responsible party needs to be appointed as legal guardian in order to be the administrator for the financial aspects of the inheritance. Unfortunately, some minors may not have a responsible parent to do the job, therefore, the appointment on their behalf. Being the birth parent doesn't automatically qualify you for the position. Which in reality, is unfortunate for some kids.

 

[Bann]

This website might be helpful:

Services and Programs - Maryland Disability Law Center

and this:
www.mdlclaw.org/wp-content/uploads/2011/12/Guardianship-Handbook-2011.pdf

 

[Vince]

Thanks for the comments. I went to a workshop awhile back and a local attorney was there and she discussed this a little bit. That was the first time it dawned on me that we'd need to do this when she turns 18. Her dad and I are still married so there won't be any issues with another parent contesting it (or anyone else). She is unable to make decisions for herself, so we definitely need legal guardianship to make decisions for her.

I spoke to someone on the phone from the Department of Human Resources and she gave me some guidance, but wasn't sure of the process I needed to follow. She did give me another person's name who I plan to call today. She also told me about the self help clinic that I went to yesterday, but as I said, the attorney there wasn't able to help. He told me at first that I didn't need to do anything and was asking me why I thought that I did have to do this.

It just seems like it shouldn't be so hard, or expensive, to do this for your own child when they are clearly disabled.

Don't know about the expense these days, but anything with a lawyer costs. I didn't have to deal with any contests from the ex-wife. She didn't want legal guardianship so that wasn't a problem. But I'm glad I got it because it's in acccordance with the statutes of Maryland and it lets me make all the decisions on where my son lives, medical, etc. He goes to the Center for Life Enrichment and those folks, along with his case worker from the Health Dept have helped me a lot.

 

[kalmd]

This website might be helpful:

Services and Programs - Maryland Disability Law Center

and this:
www.mdlclaw.org/wp-content/uploads/2011/12/Guardianship-Handbook-2011.pdf

Thanks. That 2nd document is helpful. Guardianship of the person is exactly what I need to do. I was told by DSS that if I went to the self help legal clinic that the attorney would be able to help me do this. He did promise to find more information for me and send it to me. He didn't have any guardianship information/forms with him. I just don't know how to go about doing this. I can fill out forms and gather the needed information on my own, but I don't know how to file a petition to the court, or even if this is something I can do or that a lawyer needs to do. I just want to know what to do.

 

[Bann]

Thanks. That 2nd document is helpful. Guardianship of the person is exactly what I need to do. I was told by DSS that if I went to the self help legal clinic that the attorney would be able to help me do this. He did promise to find more information for me and send it to me. He didn't have any guardianship information/forms with him. I just don't know how to go about doing this. I can fill out forms and gather the needed information on my own, but I don't know how to file a petition to the court, or even if this is something I can do or that a lawyer needs to do. I just want to know what to do.

I am thinking you should get an attorney to help you, to make sure it taken care of legally, etc. Contact the numbers in that Guardianship Handbook. There are a couple of places in St. Mary's to call for information.

Good luck to you.

 

[daylily]

That's a great question. One would assume she'd already have guardianship, since she's the custodial parent.

I'd definitely assume that to be the case. Shows how much I know about these types of situations. Eye opening for sure.